2011-3382011-338
Resolution Authorizing the Settlement of the Tax Certiorari Proceeding Regarding Porco
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October
24, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceeding commenced in 2010 and 2011 by Stanley Porco and Bianca Porco, regarding Grid
No. 6158-02-730610-0000, seeking a reduction in the 2010 and 2011 tax assessment for those
respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel recommend a settlement on this
tax review proceeding; now, therefore be it
BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a
settlement on behalf of the Town of Wappinger of the tax review proceeding for the years 2010
and 2011, as it pertains to Grid No.: 6158-02-730610-0000 AC fhUnwz.
Tax Year
Original Total
Assessment
_,
Revised Total
Assessment
Reduction
2010
$758,100
$615,000
$143,100
2011
$758,100
$615,000
$143,100
BE IT FURTHER RESOLVED, that the allocation of the assessment reduction as more
particularly described as follows:
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert
& Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action
necessary and appropriate to effectuate the terms of this resolution.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
10/24/2011
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, DEPUTY TOWN CLERK
Gellert & Klein, P.c
Leonard Klein
Attorneys at Law
Counsel
Arthur L. Gellert
John A. Geoghegan
75 Washington Street •Poughkeepsie, NY 12601
Stephen E. Ehlers
Lillian S. Weigert
.(845} 454-3250
S. Nina Gellert
Scott L. Volkman
David R. Wise*
(845} 454-4652 fax
Raina E. Maisselp
Justice George D. Marlow
Roderick J. MacLeod
Appellate Division (Ret.)
Bevin S. Harrington
Senator Stephen M. Saland
Kelly L. Traver*
Robert E. Noe
Westchester County Office Columbia County Office
Robert C. Vincent, Jr.
Pamela B. Richardson'
3010 Westchester Avenue Suite 3Q2 2210 Route 7
Purchase, NY 1 Q577 Copake, NY 12516
Joseph H. Gellert
Elizabeth M. Corrado
(914) 249-01 Q0 {518) 329-1533 tel/fax
(1907.1989)
*Also Admitted in CT
AAiso Admitted in N1
pAiso Admitted in England
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
{914) 249-0111 fax
www.gklaw.us
September 30, 2011 r
Re: Porco . vs. Town of Wappinger
Grid No.: 6158-02-730610-0000
Our File No.: 270369929
Dear Supervisor Gutzler and Town Board Members:
HC NSIVED
OCT 17 2011
TOWN OF WAPPINGER
TOWN CLERK
Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax
years 2010 and 2011. This property is a single family residence owned by Stanley Porco and
Bianca Porco located at 86 New Hackensack Road. We have negotiated a settlement of the above -
referenced proceedings by reducing assessments from $758,100 to $61.5,000 in 2010 and 2011.
Since we have 100% equalization rate the settlement figures reflect fair market value. The
Assessor will provide you with a recommendation of a refund analysis for your consideration.
Additionally, refunds that are paid within 60 days are interest free.
I enclose herewith a resolution for your consideration at the next monthly Town Board
meeting. Your favorable consideration at that time would be greatly appreciated.
SLVIbr
Enc.
cc: Christian Harkins, Assessor
Christopher Masterson, Town Clerk
Daniel Petigrow, Esq.
Very truly yours,
GEL T& KLEIN, P.G.
SCOTT L. VOLKMAN
FAUSER.klientsMWappinger - Town\Tax Certs\PorcoW-30-I 1 Itr to Town Board w settlement docs.-.vpd